Page:United States Statutes at Large Volume 84 Part 2.djvu/494

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[84 STAT. 1824]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1824]

1824

PUBLIC LAW 91-611-DEC. 31, 1970

[84

STAT.

to be payable either in cash prior to construction, in installments during construction, or in installments, with interest at a rate to be determmed by the Secretary of the Treasury, as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due or callable for redemption for fifteen years from date of issue; (3) hold and save the United States free from damages due to construction, operation, and maintenance of the facility; and (4) except as provided in subsection (f), maintain the facility after completion of its use for disposal purposes in a manner satisfactory to the Secretary of the Army. Waiver. (d) The requirement for appropriate non-Federal interest or interests to furnish an agreement to contribute 25 per centum of the construction costs as set forth in subsection (c) shall be waived by the Secretary of the Army upon a finding by the Administrator of the Environmental Protection Agency that for the area to which such construction applies, the State or States involved, interstate agency, municipality, and other appropriate political subdivision of the State and industrial concerns are participating in and in compliance with an approved plan for the general geographical area of me dredging activity for construction, modification, expansion, or rehabilitation of waste treatment facilities and the Administrator has found that applicable water quality standards are not being violated. (e) Notwithstanding any other provision of law, all costs of disposal of dredged spoil from the project for the Great Lakes connecting channels, Michigan, shall be borne by the United States. Title retention. (f) The participating non-Federal interest or interests shall retain title to all lands, easements, and rights-of-way furnished by it pursuant to subsection (c). A spoil disposal facility owned by a non-Federal interest or interests may be conveyed to another party only after completion of the facility's use for disposal purposes and after the transferee agrees in writing to use or maintain the facility in a manner which the Secretary of the Army determines to be satisfactory. Use c h a r g e s. (g) Any spoil disposal facilities constructed under the provisions of this section shall be made available to Federal licensees or permittees upon payment of an appropriate charge for such use. Twenty-five per centum of such charge shall be remitted to the participating nonFederal interest or interests except for those excused from contributing to the construction costs under subsections (d) and (e). Applicability. (h) This section, other than subsection (i), shall be applicable only to the Great Lakes and their connecting channels. Navigable w a t e r s, (i) The Chief of Engineers, under the direction of the Secretary of etc., extension, the Army, is hereby authorized to extend to all navigable waters, constudy. necting channels, tributary streams, other waters of the United States and waters contiguous to the United States, a comprehensive program of research, study, and experimentation relating to dredged spoil. This program shall be carried out in cooperation with other Federal and State agencies, and shall include, but not be limited to, investigations on the characteristics of dredged spoil, and alternative methods of its disposal. To the extent that such study shall include the effects of such dredge spoil on water quality, the facilities and personnel of the Environmental Protection Agency shall be utilized. Citation of title. SEC. 124. Title I of this Act may be cited as the "River and Harbor Act of 1970". TITLE II — F L O O D CONTROL 82 Stat. 739. 33 USC 701c note, 701-1 note.

SEC. 201. Sections 201 and 202 and the last three sentences in section 203 of the Flood Control Act of 1968 shall apply to all projects authorized in this title. The following works of improvement for the benefit of navigation and the control of destructive floodwaters and